Filing Procedures -
Note : The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms. This item provides general information concerning the filing procedures for adult guardianships and may be useful as a guide. If you have any questions, consider contacting an attorney for assistance.
PC 625, Petition for Appointment of Guardian of Incapacitated Individual
PC 571, Acceptance of Appointment
PC634, Annual Report of Guardian on Condition of Legally Incapacitated Individual (Note: This form is used after a guardian is appointed and must be filed each year.)
Forms may be found at Michigan Court - Court Forms where you can search for a specific form number (i.e. pc571). A list of probate forms is available at the Numerical Index of Probate Court Forms page.
Publication is required for persons whose address or whereabouts are
unknown. The legal newspaper fee (currently $96.05) is paid to the Detroit Legal
News when the petition is filed. For more information on publication, you may
wish to contact:
Detroit Legal News
1409 Allen Dr. , Suite B
Troy, Mich. 48083
The interested persons need to be listed on the petition, along with their
proper address. If an interested person is not included or is not properly
served, the hearing cannot be held. The interested persons in a petition for
appointment of a guardian of a legally incapacitated individual are:
Note: The petition must include specific facts about the adult's condition and examples of the adult's recent conduct that demonstrates the need for the appointment of a guardian.
Your Petition will be set for hearing by the Court. Typically, the hearing date
is 3-5 weeks after the petition is filed. Your Hearing Reminder form displays
the correct date, time, place, and assigned judge along with zoom instructions.
You, the Petitioner, must attend the hearing or your Petition will be dismissed.
Note: All hearings are being conducted remotely by zoom until further order of the court.
|Guardian ad Litem||
The court must, by law, appoint a Guardian ad Litem (GAL) to represent the
interest of the alleged legally incapacitated individual unless the person has
his/her own attorney. It will be the GAL’s responsibility to visit the person
and make a recommendation as to whether or not a guardian is needed.
The GAL is not an employee of the court but a licensed practicing attorney appointed by the court. If there is no conservatorship, or there are no funds in the conservatorship, the county will be billed for the legal services of the Guardian ad Litem.
|Attorney||If the person alleged to be legally incapacitated objects to the petition, the guardian ad litem must report this to the court. The court must then remove the guardian ad litem and appoint an attorney to represent the subject of the petition. The attorney will appear at the hearing to represent the alleged legally incapacitated individual.|